BILL NUMBER:A9552
TITLE OF BILL: An act to amend the social services law and the public
health law, in relation to approval of applications for establishment
of adult care facilities
PURPOSE OR GENERAL IDEA OF BILL: This bill will improve the health,
safety and quality of life of New York residents living in adult care
facilities.
SUMMARY OF SPECIFIC PROVISIONS: The bill adds new SSL § 461-b(9) to
provide that an individual or entity which is not the duly approved
operator of an adult home, enriched housing program or residence for
adults shall not participate in the total gross income or net revenue
of such adult care facility.
Section 2 of the bill adds a new SSL § 461-b(10) to require that any
fee for the lease of the real property on which an adult home,
enriched housing program or residence for adults is located, and/or
any fee for the lease of the premises in which such facility is
located, shall be no greater than the commercially reasonable fair
market value for similar properties or premises in the geographic
region where the facility is located.
Section 3 of the bill amends PHL § 4655(5) to clarify that the section
specifically applies to adult care facilities rather than to
S T A T E O F N E W Y O R K
________________________________________________________________________
9552
I N A S S E M B L Y
January 15, 2010
___________
Introduced by M. of A. GOTTFRIED, DINOWITZ -- read once and referred to
the Committee on Health
AN ACT to amend the social services law and the public health law, in
relation to approval of applications for establishment of adult care
facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 461-b of the social services law is amended by
adding a new subdivision 9 to read as follows:
9. AN INDIVIDUAL OR ENTITY WHICH IS NOT THE APPROVED OPERATOR OF AN
ADULT HOME, ENRICHED HOUSING PROGRAM OR RESIDENCE FOR ADULTS SHALL NOT
PARTICIPATE IN THE TOTAL GROSS INCOME OR NET REVENUE OF SUCH FACILITY.
S 2. Section 461-b of the social services law is amended by adding a
new subdivision 10 to read as follows:
10. ANY FEE FOR THE LEASE OF THE REAL PROPERTY ON WHICH AN ADULT HOME,
ENRICHED HOUSING PROGRAM OR RESIDENCE FOR ADULTS IS LOCATED AND/OR FOR
THE LEASE OF THE PREMISES OCCUPIED BY SUCH A FACILITY, PROGRAM OR RESI-
DENCE SHALL BE NO GREATER THAN THE COMMERCIALLY REASONABLE FAIR MARKET
VALUE FOR SIMILAR PROPERTIES OR PREMISES IN THE GEOGRAPHIC REGION IN
WHICH SUCH A FACILITY, PROGRAM OR RESIDENCE IS LOCATED.
S 3. Subdivision 5 of section 4655 of the public health law, as added
by chapter 2 of the laws of 2004, is amended to read as follows:
5. In addition to the requirements otherwise required for licensure as
assisted living, any [residence] ADULT CARE FACILITY SUBJECT TO THE
INSPECTION AND SUPERVISION OF THE DEPARTMENT that advertises or markets
itself as serving individuals with special needs, including, but not
limited to, individuals with dementia or cognitive impairments, must
submit a special needs plan to the department setting forth how the
special needs of such residents will be safely and appropriately met at
such [residence] FACILITY. Such plan shall include, but need not be
limited to, a written description of specialized services, staffing
levels, staff education and training, work experience, professional
affiliations or special characteristics relevant to serving persons with
special needs, and any environmental modifications that have been made
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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